Driving Too Fast for Highway and Traffic Conditions

Driving too fast for highway and traffic conditions in Virginia is a form of reckless driving and is a CRIME.  Driving too fast for highway and traffic conditions in Virginia is charged under Va. Code §46.2-861.  It is often charged after a car accident when a police officer thinks that one of the drivers failed to drive at a safe speed for the road conditions that existed at the time.

Proof of Driving Too Fast for Highway and Traffic Conditions in Virginia

To convict an offender of driving too fast for highway and traffic conditions in Virginia under Va. Code §46.2-861, the Commonwealth must prove that the offender:

• exceeded a reasonable speed
• under the circumstances and traffic conditions existing at the time
• regardless of the posted speed limit

Driving too fast in rain, snow, fog, traffic, or taking a curve too fast are all common examples of when an offender might be charged with Driving Too Fast for Highway and Traffic Conditions in Virginia under Va. Code §46.2-861.  Admissions by the driver or statements of witnesses can be used as proof that a driver was driving too fast for highway and traffic conditions in Virginia.

Penalty for Driving Too Fast for Highway and Traffic Conditions in Virginia Under Va. Code §46.2-861

Since Driving Too Fast for Highway and Traffic Conditions in Virginia under Va. Code §46.2-861 is a form of reckless driving, it is a Class 1 misdemeanor.  It is punished with jail, fines, driver’s license suspension, DMV demerit points, and possible enrollment in the Virginia ASAP program.

• Jail: Driving Too Fast for Highway and Traffic Conditions in Virginia under Va. Code §46.2-861 is punished with up to 12 months in jail.
• Fines and Court Costs: The offense can also be punished with a fine up to $2500.  Additionally, any driver convicted of Driving Too Fast for Highway and Traffic Conditions in Virginia under Va. Code §46.2-861 will also be required to pay court costs, regardless of any fine.
• Driver’s License Suspension: Anyone convicted of Driving Too Fast for Highway and Traffic Conditions in Virginia under Va. Code §46.2-861 can be punished with driver’s license suspension for 60 days up to 6 months.  The court may issue the offender a restricted driver’s license.  A commercial driver, however, cannot obtain a restricted license if his license is suspended for Driving Too Fast for Highway and Traffic Conditions in Virginia.
• DMV Points: A conviction for Driving Too Fast for Highway and Traffic Conditions in Virginia will automatically result in 6 DMV demerit points.
• Virginia ASAP: If the court believes that the reckless driving was alcohol or drug-related, the court may order the driver to enroll in and complete the Virginia Alcohol Safety Action Program (ASAP).
• Texting While Driving: If the driver was using a handheld communications device in violation of Va. Code §46.2-818.2 (or texting while driving), he or she will be fined a mandatory minimum of $250 (Va. Code §46.2-868(C)).  A driver can even be charged with, and convicted of, reckless driving and texting while driving underVa. Code §46.2-818.2 in Virginia.  For more information on texting while driving in Virginia, click here.
• Virginia Driving Record: A conviction for Driving Too Fast for Highway and Traffic Conditions in Virginia under Va. Code §46.2-861 will remain on a person’s Virginia driving record for 11 years.
• Criminal Record: Because Driving Too Fast for Highway and Traffic Conditions in Virginia under Va. Code §46.2-861 is a form of reckless driving, it is a CRIME and a conviction will remain on a driver’s permanent criminal record and cannot be expunged.

Felony Reckless Driving

Virginia reckless driving charges under Va. Code §46.2-861 can sometimes be felonies.  If the offender was driving without a valid operator’s license due to a suspension or revocation for a moving violation and his reckless driving caused the death of another person, he will be charged with a Class 6 felony (Va. Code §46.2-868(B)).  Felony reckless driving is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year.  For more information on felony reckless driving charges in Virginia, click here.

Driving Too Fast for Highway and Traffic Conditions in Virginia (Statute)

§46.2-861. Driving too fast for highway and traffic conditions.

A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

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